151.01 Excavations Permitted on Private Property; Restoration Required | 151.05 Restoration of Unpaved Streets |
151.02 Requirements for Excavations on Public Property | 151.06 Utility Connections; Inspection Requirement |
151.03 Right-of-Way Permit - Requirements and Fee | 151.07 Safeguards |
151.04 Restoration of Paved Streets | 151.08 Refusal to Issue Permit |
1. All trenches, holes or excavations on private property reasonably necessary for the construction of basements, cellars, buildings, appurtenances, or improvements thereto, or if made for the purpose of installing gas, water or underground utilities, shall be permitted; provided, said trenches, holes or excavations shall be refilled, re-graded or otherwise covered within thirty (30) days after the date of their excavation.
2. The provisions of subsection 1 shall not be deemed to apply to any excavation made for the purpose of constructing a basement, cellar or footing if construction of said basement, cellar, or footing has commenced within said 30-day period.
3. The time provided in subsection 1 may be extended, in writing, for additional periods of thirty days only upon a showing by the titleholder or any duly authorized agent that, due to weather conditions or other factors over which the applicant has no control, compliance with subsection 1 would create unreasonable hardship.
4. If the Council finds, for good cause shown, good reason exists for allowing an excavation to remain open in contravention of this section, the Council may, by resolution, require that the property owner erect a fence or other appropriate safeguards around the excavation until such time as the construction is complete or the excavation refilled.
No person shall enter the public right-of-way to excavate, bore, tunnel, or otherwise construct within the said right-of-way, break up any street, alley or other public place of the City, or cut into or remove any public sidewalk, curb, crossing or pavement for the purpose of making any gas, water, sewer, or underground utility connections; or for the setting of poles, or laying of mains, pipes or conduits, without first obtaining a right-of-way permit from the Public Works Director or authorized agent.
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